Judge backs Monroe over Bibb in border dispute

A judge handed Monroe County a solid victory in the first round of a contentious border dispute with Bibb County.

John Sherrill, a special assistant administrative law judge, turned away every argument by Bibb County in deciding that the border line drawn by surveyor Terry Scarborough was done professionally and accurately.

“I have found that Mr. Scarborough correctly located the beginning and end points of the Monroe County/Bibb County boundary line, and that Mr. Scarborough’s line is a ‘direct line’ as required by the 1822 legislation” that created the border, Sherrill wrote in an order issued late Friday.

The line shifts the corner border hundreds of feet south on the Ocmlugee River, which would move properties with an estimated $1.2 million in annual tax revenue into Monroe County. Under Scarborough’s survey, the western corner would also be nudged, while a straight, rather than swooping, line would connect the two corners.

James Vaughn, chairman of the Monroe County Commission, said the decision was appropriate after a thorough review of records during Sherrill’s hearing two months ago.

“I believe that every document and every piece of evidence that could be found was presented in that three-day hearing, and both sides had very competent counsel,” Vaughn said.

Virgil Adams, Bibb County’s attorney, said Sherrill didn’t value historical records found in several counties.

“He didn’t even consider Bibb County’s evidence,” Adams said. “It’s like he just blew it off.”

Sherrill’s recommendation now goes to Secretary of State Brian Kemp, who was originally expected to issue a decision in late May. A hearing of some sort -- neither Bibb nor Monroe believe it will delve into the substance of the case -- needs to be scheduled before Kemp can decide. The Secretary of State’s Office did not return phone calls seeking comment.

The key to the case is Sherrill’s finding that Scarborough correctly located Turrentine’s Ferry on the Ocmulgee River. The border was supposed to be set at “Waller’s or Torrentine’s Ferry,” and Bibb County presented no convincing evidence that Waller’s Ferry was located elsewhere, Sherrill wrote. The name of Turrentine was often misspelled.

“Monroe County admits there were other ferries along the Ocmulgee River at different points in time, but the one Scarborough found appears to be the only one called Waller’s or Torrentine’s Ferry, as referenced in the statute,” Sherrill wrote. “... I find that the best evidence presented at the hearing was that ‘Waller’s’ or Torrentine’s Ferry’ was the ferry known by both names located at the point identified by Mr. Scarborough.”

Adams pointed out that Sherrill never mentioned that Scarborough refused to appear in depositions or Sherrill’s hearings to defend his work. Adams had attacked the survey during the hearing, and Bibb County tried to get the survey itself excluded from evidence in the case.

During the hearing, Adams got Scarborough’s archaeologist, Gerald Smith, to review evidence and agree that Waller’s Ferry and Turrentine’s Ferry were two different ferries operating at the time. Smith also testified that Scarborough thought there was only one ferry at the time.

Bibb County hasn’t paid Scarborough about $170,000 for its half of his survey, saying he needed to defend it in court and the survey wasn’t good enough.

Scarborough has sued the Secretary of State’s Office, alleging breach of contract, after saying the lack of payment was destroying his business. His home and business phone numbers have been disconnected, and he has lost his house to foreclosure.

Bibb County Commissioner Joe Allen said Scarborough did the job and needs to be paid.

Adams has said he doesn’t have an estimate for how much money Bibb County has put into the border dispute. He said he would investigate.

Vaughn said Monroe County has invested about $1 million in the legal fight and survey, but he noted the potential tax benefits: “A million dollars a year is a lot of money.”

Vaughn said the two counties will need to sit down soon and decide how to provide services in the affected areas. The counties could decide to revamp mutual aid contracts for fire services, or consider other changes.

“Once we know where the line is, then we can know who’s going to do what,” Vaughn said.

To contact writer Mike Stucka, call 744-4251.

This story was originally published May 3, 2011 at 12:00 AM with the headline "Judge backs Monroe over Bibb in border dispute."